CONSISTENT COST TRACKING AND DOCUMENTATION OF COVID-19 RESPONSE COSTS WILL MAKE A REIMBURSEMENT DIFFERENCE
Emergency responses and urgent public health responses are critical priorities. However, financial disaster recovery from the Covid-19 Pandemic response actions will become an essential budget issue in light of reducing tax revenues and increased demand for services.
PROJECT FORMULATION STRATEGIES WILL BE INFLUENCED BY HOW COSTS ARE TRACKED & DOCUMENTED
Recognizing the logistical and bureaucratic challenges this unprecedented response effort will bring, FEMA is actively working to develop a simplified application and funding process. Your experience with the FEMA Public Assistance Covid-19 Simplified Grant Process will be materially less administratively painful with smoother quicker reimbursement of costs: If you accurately track and document COVID-19 response expenditures,
FEMA Public Assistance program is a REIMBURSEMENT program.
Applicants for Public Assistance MUST TAKE IMMEDIATE PROACTIVE ACCOUNTING MEASURES
To help you proactively navigate the complex FEMA programs and track eligible costs incurred, the information available here is provided as a PUBLIC SERVICE so that you and your teams can better track Covid-19 disaster-related costs for financial recovery.
Examples of possible eligible Covid-19 expenditures that should be tracked and documented such as, but not limited to:
Eligible medical care includes, but is not limited to:
While communities that regularly experience natural disasters like hurricanes, tornadoes, and earthquakes are familiar with FEMA's Public Assistance process, the President's recent declaration of a nationwide emergency under the Stafford Act encompasses every state, including tens of thousands of eligible applicants (if not more) for disaster assistance, many of which are navigating unfamiliar territory.
While this is only the first step of a much larger, longer, and burdensome reimbursement process, it should be helpful to you and your team.
It is recommended that more than one Covid-19 cost code be used, but your accounting staff and technology capacity and complexity of your Covid-19 reimbursement needs will determine what is best for your entity. Most entities track expenses by department/division, which will be necessary to your documentation proof of payment by area of Covid-19 response. Consider as a minimum the following Covid-19 expenses by:
Federal Procurement and Contracting Considerations. Contracts must include all federal requirements, terms, and provisions. This can be done when signing, or existing contracts may be modified to ensure compliance. This is a fundamental eligibility requirement to receive FEMA reimbursement. FEMA's Procurement Disaster Assistance Team website has more details on the requirements. Also, make sure to document the procurement process and the emergency conditions requiring the expenditure. Although it may seem obvious and unnecessary right now, many of these costs will be reviewed and audited months or years later
Expedited Projects: Limited documentation but funded at 50 percent. See the FEMA current disaster guidance
Small Projects (greater than or equal to $3,300; maximum $131,100): Limited documentation and self-certified as to basic eligibility requirements. See the Self-Certification
Large Projects (greater than $131,100): Limited documentation but full FEMA review based on the amount of funding
The FEMA COVID-19 Emergency Protective Measures Fact Sheet included a list of eligible emergency medical care activities. The eligibility of emergency medical care activities as an emergency protective measure under the Emergency Declaration and any Major Disaster Declaration authorizing Public Assistance (PA) for COVID-19 will be an evolving process. A guiding principle would be any increased operational costs related to Covid-19 should be considered for financial recovery. The challenge will be whether recovery will be FEMA Public Assistance Program or other Federal or State Covid-19 funding programs.
General Eligibility Considerations for Emergency Medical Care
Eligible emergency protective measures taken to respond to the COVID-19 emergency at the direction or guidance of public health officials may be reimbursed under the PA program. On March 19, 2020, FEMA released the COVID-19 Emergency Protective Measures Fact Sheet which outlines the types of emergency protective measures that may be eligible under the PA program in accordance with the COVID-19 Emergency Declaration.
General eligibility considerations for emergency medical care activities apply to all claimed work and associated costs. They include Applicant, Facility, Work, and Cost eligibility to which all claims are subject under the PA program.
SLTT government entities are eligible to apply for PA. Certain PNP organizations are eligible to apply for PA, including those that own and/or operate medical care facilities.
Private for profit entities, including for profit hospitals, are not eligible for assistance from FEMA under PA. SLTT government entities may contract with for profit hospitals to carry out eligible emergency protective measures. FEMA will reimburse the eligible Applicant for the cost of eligible work, and the Applicant will then pay the private entity for the provision of services.
For SLTT governments, evaluating facility eligibility is not necessary for most emergency work. PNPs are generally not eligible for reimbursement for emergency services because they are not legally responsible for providing those services.
PNPs that own or operate a medical or custodial care facility are eligible for:
Work must be necessary as a direct result of the emergency or major disaster (44 CFR §206.223(a)(1)).Costs must be directly related to COVID-19 cases. For example, emergency medical care costs related to a non-COVID-19 illness or injury are not eligible.
Costs for personal protective equipment (PPE) for health care providers who are working in a hospital treating COVID-19 patients are eligible, as it is necessary to prevent further spread of the virus and protect health care workers and other patients.
When the emergency medical delivery system within a declared area is destroyed, severely compromised, or overwhelmed, FEMA may fund extraordinary costs associated with operating emergency rooms and with providing temporary facilities for emergency medical care or expanding existing medical care capacity in response to the declared incident. Costs associated with emergency medical care should be customary for the emergency medical services provided. Other eligibility considerations specific to emergency medical care activities as an emergency protective measure under the COVID-19 Declarations are provided in this section.
Eligible Emergency Medical Care Activities When Depend on the Applicant Type (State, County, Local,etc) and their Legal Responsibility for the Emergency Services and Directions from Local and State Public Health Authorities. Eligible emergency response costs may include, but are not limited to the following examples:
Contracts
Equipment
Facilities
Medical Treatment & Actions
Medical Supplies
Medical Transport
Donated Resource
Current FEMA Guidance on Eligibility of Medical Expenses. Prior to the COVID-19 outbreak, FEMA had published guidance on which costs are, and are not, eligible for assistance when "the emergency medical delivery system within declared area is destroyed, severely compromised or overwhelmed."
The guidance emphasizes that FEMA funding is for "extraordinary"situations – which quite clearly describes the COVID-19 outbreak. FEMA's focus is on using funding only for temporary costs created by the declared event,such as "extraordinary costs associated with operating emergency rooms and with providing temporary facilities for emergency medical care of survivors…Costs are eligible for up to 30 days from the declaration date unless extended by FEMA." FEMA's Policy includes examples of eligible and ineligible work and costs and is available here at page 63.
When the emergency medical delivery system within a declared area is destroyed, severely compromised or overwhelmed, FEMAmay fund extraordinary costs associated with operating emergency rooms and with providing temporary facilities for emergency medical care of survivors. Costs associated with emergency medical care should be customary for the emergency medical services provided.
More examples of possible eligible emergency medical costs may include, but not limited to:
Labor
Medical sheltering (e.g., when existing facilities are reasonably forecasted to become overloaded in the near future and cannot accommodate needs)
During this process, it is necessary to get as much funding as possible to cover additional costs incurred by the extra time and effort put forth including the larger quantity of supplies being utilized. The recent passage of the Federal Stimulus Bill had three relief packages, the third of which is The Coronavirus Aid, Relief and Economic Security (CARES) Act, passed on March 25th. Under this package, healthcare organizations have the opportunity to submit their incremental costs to obtain relief funding. These are costs that are in addition to the normal operating costs that are either “COVID-19 related” or “COVID-19 induced”. For example, extra PPE supplies fall into the former and opening new units to cohort non-COVID-19 patients would fall into the latter category.
The good news is that substantial funding is available. However, governmental rules and requirements around this funding will require an extreme degree of specificity, documentation, organization, and comprehensiveness – in order to actually receive this relief funding. This is somewhat akin to clinical documentation. If organizations don’t record their expenditures with sufficient specificity and have the backup data to support the claims, they will not be paid the correct amount, the amount they deserve.
Procurement requirements differ between state versus non-state entities and by normal versus emergency/exigent circumstances. Procurement requirements for the COVID-19 Declarations are:
Emergency responses and urgent public health responses are critical priorities. However, financial disaster recovery from the Covid-19 Pandemic response actions will become an essential budget issue in light of reducing tax revenues and increased demand for services.
Accounting Considerations -Tracking and Managing Coronavirus Recovery Costs
Recognizing the logistical and bureaucratic challenges this unprecedented response effort will bring, FEMA is actively working to develop a simplified application and funding process. Your experience with the FEMA Public Assistance Covid-19 Simplified Grant Process will be materially less administratively painful with smoother quicker reimbursement of costs:
If you accurately track and document COVID-19 response expenditures,
It is essential to consistently use activity/cost codes for COVD19 on all purchases of material, labor, supplies, contracts, services, and equipment that are directly related to responding to the COVID-19 pandemic.
ü The cost coding systems used by your entity will depend on your supporting technology for operations accounting for payroll, materials/supplies, contracts, and purchasing order protocols.
FEMA Public Assistance program is a REIMBURSEMENT program.
Applicants for Public Assistance MUST TAKE IMMEDIATE PROACTIVE ACCOUNTING MEASURES
To help you proactively navigate the complex FEMA programs and track eligible costs incurred, the information available here is provided as a PUBLIC SERVICE so that you and your teams can better track Covid-19 disaster-related costs for financial recovery.
EMERGENCY COVID-19 RESPONSE FIRST, BUT TRACK & DOCUMENT COSTS
CONSISTENT COST TRACKING AND DOCUMENTATION OF COVID-19 RESPONSE COSTS WILL MAKE A REIMBURSEMENT DIFFERENCE
Emergency responses and urgent public health responses are critical priorities. However, financial disaster recovery from the Covid-19 Pandemic response actions will become an essential budget issue in light of reducing tax revenues and increased demand for services.
Accounting Considerations -Tracking and Managing Coronavirus Recovery Costs
Recognizing the logistical and bureaucratic challenges this unprecedented response effort will bring, FEMA is actively working to develop a simplified application and funding process.
Your experience with the FEMA Public Assistance Covid-19 Simplified Grant Process will be materially less administratively painful with smoother quicker reimbursement of costs, IF YOU
FEMA Public Assistance program is a REIMBURSEMENT program.
Applicants for Public Assistance MUST TAKE IMMEDIATE PROACTIVE ACCOUNTING MEASURES
To help you proactively navigate the complex FEMA programs and track eligible costs incurred, the information available here is provided as a PUBLIC SERVICE so that you and your teams can better track Covid-19 disaster-related costs for financial recovery.
IMPORTANT – ONLY FEMA CAN MAKE ELIGIBILITY AND COST DETERMINATIONS
The current FEMA PA Policy & Procedures Guide provides information on emergency work for traditional natural disasters.
FEMA HQ will most likely provide Covid-19 Disaster Specific Guidance in near future
Emergency
Release date: April 12, 2020
Release Number: FEMA Policy FP 104-010-03
Under the President’s March 13, 2020, COVID-19 emergency declaration1 and subsequent major disaster declarations for COVID-19, state, local, tribal, and territorial (SLTT) government entities and certain private non-profit (PNP) organizations are eligible to apply for assistance under the FEMA Public Assistance (PA) Program. This policy is applicable to eligible PA applicants only and is exclusive to emergency and major disaster declarations for the COVID- 19 pandemic.
As of April 9, 2020, 51 states and territories had “stay at home” orders in place.2 The population at high-risk for severe illness from COVID-19 includes people 65 years and older and people of any age who have serious underlying medical conditions, including people with chronic lung disease or moderate to severe asthma, people with serious heart conditions, people who are immunocompromised (e.g., those undergoing cancer treatment, smokers, those with HIV or AIDs), and people with severe obesity, diabetes, or liver disease, and people undergoing kidney dialysis.3 Due to the impact of the COVID-19 pandemic, there may be areas where it will be necessary as an emergency protective measure to provide food to meet the immediate needs of those who do not have access to food as a result of COVID-19 and to protect the public from the spread of the virus.
This policy defines the framework, policy details, and requirements for determining eligible work and costs for the purchase and distribution of food in response to the COVID-19 Public Health Emergency to ensure consistent and appropriate implementation across all COVID-19 emergency and major disaster declarations. Except where specifically stated otherwise in this policy, assistance is subject to PA Program requirements as defined in Version 3.1 of the Public Assistance Program and Policy Guide (PAPPG).4
A. FEMA will provide flexibility to applicants to protect the health and safety of impacted communities in response to the COVID-19 Public Health Emergency through the purchase and distribution of food.
B. FEMA will responsibly implement this policy and any assistance provided in a consistent manner through informed decision-making and accountable documentation.
C. FEMA will engage with interagency partners, including the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and U.S. Department of Housing and Urban Development (HUD), to ensure this assistance does not duplicate other available assistance. Engagement with USDA will include coordination with USDA’s efforts on food bank response.
REQUIREMENTS
Outcome: To establish the parameters of this policy and ensure it is implemented in a manner consistent with program authorities and appropriate to the needs of the COVID-19 Public Health Emergency.
1. This policy applies to:
a. All Presidential emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, issued for the COVID-19 Public Health Emergency.
b. Eligible PA applicants under the COVID-19 emergency declaration or any subsequent COVID-19 major disaster declaration.
c. This policy does not apply to any other emergency or major disaster declaration.
Outcome: To define the overarching eligibility framework for purchasing and distributing food in response to COVID-19 declarations.
1. Legal Responsibility.
a. To be eligible for PA, an item of work must be the legal responsibility of an eligible applicant.5 Measures to protect life, public health, and safety are generally the responsibility of state, local, tribal, and territorial (SLTT) governments.
b. Legally responsible SLTT governments may enter into formal agreements or contracts with private organizations, including private nonprofit (PNP) organizations such as food banks, to purchase and distribute food when necessary as an emergency protective measure in response to the COVID-19 Public Health Emergency. In these cases, PA funding is provided to the legally responsible government entity, which would then reimburse the private organization for the cost of providing those services under the agreement or contract.
2. Work Eligibility.
a. In accordance with sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), emergency protective measures necessary to save lives and protect public health and safety, including the purchase and distribution of food, may be reimbursed under the PA program.
b. When necessary as an emergency protective measure, eligible work related to the purchase and distribution of food in response to the COVID-19 pandemic includes:
i. Purchasing, packaging, and/or preparing food, including food commodities, fresh foods, shelf-stable food products, and prepared meals;
ii. Delivering food, including hot and cold meals if necessary, to distribution points and/or individuals, when conditions constitute a level of severity that food is not easily accessible for purchase; and
i. Leasing distribution and storage space, vehicles, and necessary equipment.
c. Several indicators may demonstrate the need to purchase and distribute food in response to the COVID-19 pandemic:
i. Reduced mobility of people in need due to government-imposed restrictions, including “stay-at-home” orders, which prevent certain populations from accessing food;
ii. Marked increase or atypical demand for feeding resources; or
iii. Disruptions to the typical food supply chain within a given jurisdiction.
d. Populations in an impacted community that may need the provision of food as a lifesaving and life-sustaining commodity, may include:
i. Those who test positive for COVID-19 or have been exposed to COVID-19, but who do not require hospitalization;6
ii. High-risk individuals, such as people over 65 or with certain underlying health conditions;7 and
iii. Other populations based on the direction or guidance of the appropriate public health official.
3. Cost Eligibility.
a. All claimed costs must be necessary and reasonable in order to respond to the COVID-19 Public Health Emergency and are subject to standard program eligibility and other Federal requirements, including the prevailing cost-share for the respective declaration.8
b. Applicants must follow applicable cost principles and procurement requirements.9
i. Costs claimed by SLTT governments must be reasonable pursuant to Federal regulations and Federal cost principles.10 A cost is considered reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.
ii. States and territorial governments are required to follow their own procurement procedures, comply with 2 CFR §200.322, and include any clauses required by 2 CFR §200.326. Local and tribal governments must follow their own procedures and comply with 2 CFR §200.318.
iii. In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, and Bridget E. Bean, Assistant Administrator for the Grants Program Directorate, for the duration of the Public Health Emergency, as determined by U.S. Department of Health and Human Services (HHS), local governments, tribal governments, PNPs, and other non-state entities may proceed with new and existing non-competitively procured contracts. The March 17, 2020 memorandum and other information related to procurement specific to COVID-19 declarations are available on the FEMA website at www.fema.gov/media-library/assets/documents/186350.
c. Pursuant to Section 312 of the Stafford Act, FEMA is prohibited from providing financial assistance where such assistance would duplicate funding available from another program, insurance, or any other source for the same costs.11
4. Time Limitations.
a. FEMA may provide funding for an initial 30-day time period.
b. SLTT governments may request a 30-day time extension from the Regional Administrator (RA) with documentation showing continued need.
c. Work may not extend beyond the duration of the COVID-19 Public Health Emergency, as determined by HHS.
Keith Turi
Assistant Administrator, Recovery Directorate
Date: April 11, 2020
###
This policy will be reviewed periodically during the COVID-19 Public Health Emergency. The Assistant Administrator of Recovery is responsible for authorizing any changes or updates. This policy will sunset with the closure of the national emergency for COVID-19 and any subsequent major disaster declarations for COVID-19.
Authorities
References
FEMA will closely monitor the implementation of this policy through close coordination with regional and field staff, as appropriate, as well as interagency partners and SLTT stakeholders. Various planning calls are conducted daily related to COVID-19 declarations. Additionally, FEMA has set up a mailbox for COVID-19 questions and concerns at covid19paoperations@fema.dhs.gov.
QUESTIONS
Direct questions to covid19paoperations@fema.dhs.gov
1 Proclamation 9994 of March 13, 85 FR 15337 (Mar. 18, 2020); see also www.fema.gov/news-release/2020/03/13/covid- 19-emergency-declaration.
2 https://www.nga.org/coronavirus/#states
3https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html.
4 The current version of the Public Assistance Program and Policy Guide (PAPPG), Version 3.1, is available on the FEMA website at www.fema.gov/media-library/assets/documents/111781.
5 44 CFR §206.223.
6 Any collection or handling of information with regard to the health status of individuals must be compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996. FEMA will not be collecting any health information.
7 The distribution of supplies and other relief and assistance activities shall be accomplished without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status. Section 308 of the Stafford Act, 42 U.S.C. § 5151, as amended.
8 In certain circumstances, the Regional Administrator may require the submission of an internal control plan, pursuant to 2 CFR
§200.303, in particular when the SLTT government is implementing residential delivery of meals to targeted groups of individuals who are need of such assistance.
9 See. COVID-19 Guidance: Procurements Under Grants During Periods of Exigent or Emergency Circumstances,
March 17, 2020. (https://www.fema.gov/media-library/assets/documents/186350.)
10 2 CFR §200.404; OMB Circular 87.
11 42 U.S.C. § 5155.
Last Updated:
April 12, 2020 - 18:13
Release date: April 12, 2020
Release Number: FEMA Policy FP 104-010-03
Under the President’s March 13, 2020, COVID-19 emergency declaration1 and subsequent major disaster declarations for COVID-19, state, local, tribal, and territorial (SLTT) government entities and certain private non-profit (PNP) organizations are eligible to apply for assistance under the FEMA Public Assistance (PA) Program. This policy is applicable to eligible PA applicants only and is exclusive to emergency and major disaster declarations for the COVID- 19 pandemic.
As of April 9, 2020, 51 states and territories had “stay at home” orders in place.2 The population at high-risk for severe illness from COVID-19 includes people 65 years and older and people of any age who have serious underlying medical conditions, including people with chronic lung disease or moderate to severe asthma, people with serious heart conditions, people who are immunocompromised (e.g., those undergoing cancer treatment, smokers, those with HIV or AIDs), and people with severe obesity, diabetes, or liver disease, and people undergoing kidney dialysis.3 Due to the impact of the COVID-19 pandemic, there may be areas where it will be necessary as an emergency protective measure to provide food to meet the immediate needs of those who do not have access to food as a result of COVID-19 and to protect the public from the spread of the virus.
This policy defines the framework, policy details, and requirements for determining eligible work and costs for the purchase and distribution of food in response to the COVID-19 Public Health Emergency to ensure consistent and appropriate implementation across all COVID-19 emergency and major disaster declarations. Except where specifically stated otherwise in this policy, assistance is subject to PA Program requirements as defined in Version 3.1 of the Public Assistance Program and Policy Guide (PAPPG).4
A. FEMA will provide flexibility to applicants to protect the health and safety of impacted communities in response to the COVID-19 Public Health Emergency through the purchase and distribution of food.
B. FEMA will responsibly implement this policy and any assistance provided in a consistent manner through informed decision-making and accountable documentation.
C. FEMA will engage with interagency partners, including the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and U.S. Department of Housing and Urban Development (HUD), to ensure this assistance does not duplicate other available assistance. Engagement with USDA will include coordination with USDA’s efforts on food bank response.
REQUIREMENTS
Outcome: To establish the parameters of this policy and ensure it is implemented in a manner consistent with program authorities and appropriate to the needs of the COVID-19 Public Health Emergency.
1. This policy applies to:
a. All Presidential emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, issued for the COVID-19 Public Health Emergency.
b. Eligible PA applicants under the COVID-19 emergency declaration or any subsequent COVID-19 major disaster declaration.
c. This policy does not apply to any other emergency or major disaster declaration.
Outcome: To define the overarching eligibility framework for purchasing and distributing food in response to COVID-19 declarations.
1. Legal Responsibility.
a. To be eligible for PA, an item of work must be the legal responsibility of an eligible applicant.5 Measures to protect life, public health, and safety are generally the responsibility of state, local, tribal, and territorial (SLTT) governments.
b. Legally responsible SLTT governments may enter into formal agreements or contracts with private organizations, including private nonprofit (PNP) organizations such as food banks, to purchase and distribute food when necessary as an emergency protective measure in response to the COVID-19 Public Health Emergency. In these cases, PA funding is provided to the legally responsible government entity, which would then reimburse the private organization for the cost of providing those services under the agreement or contract.
2. Work Eligibility.
a. In accordance with sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), emergency protective measures necessary to save lives and protect public health and safety, including the purchase and distribution of food, may be reimbursed under the PA program.
b. When necessary as an emergency protective measure, eligible work related to the purchase and distribution of food in response to the COVID-19 pandemic includes:
i. Purchasing, packaging, and/or preparing food, including food commodities, fresh foods, shelf-stable food products, and prepared meals;
ii. Delivering food, including hot and cold meals if necessary, to distribution points and/or individuals, when conditions constitute a level of severity that food is not easily accessible for purchase; and
i. Leasing distribution and storage space, vehicles, and necessary equipment.
c. Several indicators may demonstrate the need to purchase and distribute food in response to the COVID-19 pandemic:
i. Reduced mobility of people in need due to government-imposed restrictions, including “stay-at-home” orders, which prevent certain populations from accessing food;
ii. Marked increase or atypical demand for feeding resources; or
iii. Disruptions to the typical food supply chain within a given jurisdiction.
d. Populations in an impacted community that may need the provision of food as a lifesaving and life-sustaining commodity, may include:
i. Those who test positive for COVID-19 or have been exposed to COVID-19, but who do not require hospitalization;6
ii. High-risk individuals, such as people over 65 or with certain underlying health conditions;7 and
iii. Other populations based on the direction or guidance of the appropriate public health official.
3. Cost Eligibility.
a. All claimed costs must be necessary and reasonable in order to respond to the COVID-19 Public Health Emergency and are subject to standard program eligibility and other Federal requirements, including the prevailing cost-share for the respective declaration.8
b. Applicants must follow applicable cost principles and procurement requirements.9
i. Costs claimed by SLTT governments must be reasonable pursuant to Federal regulations and Federal cost principles.10 A cost is considered reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.
ii. States and territorial governments are required to follow their own procurement procedures, comply with 2 CFR §200.322, and include any clauses required by 2 CFR §200.326. Local and tribal governments must follow their own procedures and comply with 2 CFR §200.318.
iii. In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, and Bridget E. Bean, Assistant Administrator for the Grants Program Directorate, for the duration of the Public Health Emergency, as determined by U.S. Department of Health and Human Services (HHS), local governments, tribal governments, PNPs, and other non-state entities may proceed with new and existing non-competitively procured contracts. The March 17, 2020 memorandum and other information related to procurement specific to COVID-19 declarations are available on the FEMA website at www.fema.gov/media-library/assets/documents/186350.
c. Pursuant to Section 312 of the Stafford Act, FEMA is prohibited from providing financial assistance where such assistance would duplicate funding available from another program, insurance, or any other source for the same costs.11
4. Time Limitations.
a. FEMA may provide funding for an initial 30-day time period.
b. SLTT governments may request a 30-day time extension from the Regional Administrator (RA) with documentation showing continued need.
c. Work may not extend beyond the duration of the COVID-19 Public Health Emergency, as determined by HHS.
Keith Turi
Assistant Administrator, Recovery Directorate
Date: April 11, 2020
###
This policy will be reviewed periodically during the COVID-19 Public Health Emergency. The Assistant Administrator of Recovery is responsible for authorizing any changes or updates. This policy will sunset with the closure of the national emergency for COVID-19 and any subsequent major disaster declarations for COVID-19.
Authorities
References
FEMA will closely monitor the implementation of this policy through close coordination with regional and field staff, as appropriate, as well as interagency partners and SLTT stakeholders. Various planning calls are conducted daily related to COVID-19 declarations. Additionally, FEMA has set up a mailbox for COVID-19 questions and concerns at covid19paoperations@fema.dhs.gov.
QUESTIONS
Direct questions to covid19paoperations@fema.dhs.gov
1 Proclamation 9994 of March 13, 85 FR 15337 (Mar. 18, 2020); see also www.fema.gov/news-release/2020/03/13/covid- 19-emergency-declaration.
2 https://www.nga.org/coronavirus/#states
3https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html.
4 The current version of the Public Assistance Program and Policy Guide (PAPPG), Version 3.1, is available on the FEMA website at www.fema.gov/media-library/assets/documents/111781.
5 44 CFR §206.223.
6 Any collection or handling of information with regard to the health status of individuals must be compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996. FEMA will not be collecting any health information.
7 The distribution of supplies and other relief and assistance activities shall be accomplished without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status. Section 308 of the Stafford Act, 42 U.S.C. § 5151, as amended.
8 In certain circumstances, the Regional Administrator may require the submission of an internal control plan, pursuant to 2 CFR
§200.303, in particular when the SLTT government is implementing residential delivery of meals to targeted groups of individuals who are need of such assistance.
9 See. COVID-19 Guidance: Procurements Under Grants During Periods of Exigent or Emergency Circumstances,
March 17, 2020. (https://www.fema.gov/media-library/assets/documents/186350.)
10 2 CFR §200.404; OMB Circular 87.
11 42 U.S.C. § 5155.
Last Updated:
April 12, 2020 - 18:13
Release date: April 12, 2020
Release Number: FEMA Policy FP 104-010-03
Under the President’s March 13, 2020, COVID-19 emergency declaration1 and subsequent major disaster declarations for COVID-19, state, local, tribal, and territorial (SLTT) government entities and certain private non-profit (PNP) organizations are eligible to apply for assistance under the FEMA Public Assistance (PA) Program. This policy is applicable to eligible PA applicants only and is exclusive to emergency and major disaster declarations for the COVID- 19 pandemic.
As of April 9, 2020, 51 states and territories had “stay at home” orders in place.2 The population at high-risk for severe illness from COVID-19 includes people 65 years and older and people of any age who have serious underlying medical conditions, including people with chronic lung disease or moderate to severe asthma, people with serious heart conditions, people who are immunocompromised (e.g., those undergoing cancer treatment, smokers, those with HIV or AIDs), and people with severe obesity, diabetes, or liver disease, and people undergoing kidney dialysis.3 Due to the impact of the COVID-19 pandemic, there may be areas where it will be necessary as an emergency protective measure to provide food to meet the immediate needs of those who do not have access to food as a result of COVID-19 and to protect the public from the spread of the virus.
This policy defines the framework, policy details, and requirements for determining eligible work and costs for the purchase and distribution of food in response to the COVID-19 Public Health Emergency to ensure consistent and appropriate implementation across all COVID-19 emergency and major disaster declarations. Except where specifically stated otherwise in this policy, assistance is subject to PA Program requirements as defined in Version 3.1 of the Public Assistance Program and Policy Guide (PAPPG).4
A. FEMA will provide flexibility to applicants to protect the health and safety of impacted communities in response to the COVID-19 Public Health Emergency through the purchase and distribution of food.
B. FEMA will responsibly implement this policy and any assistance provided in a consistent manner through informed decision-making and accountable documentation.
C. FEMA will engage with interagency partners, including the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and U.S. Department of Housing and Urban Development (HUD), to ensure this assistance does not duplicate other available assistance. Engagement with USDA will include coordination with USDA’s efforts on food bank response.
REQUIREMENTS
Outcome: To establish the parameters of this policy and ensure it is implemented in a manner consistent with program authorities and appropriate to the needs of the COVID-19 Public Health Emergency.
1. This policy applies to:
a. All Presidential emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, issued for the COVID-19 Public Health Emergency.
b. Eligible PA applicants under the COVID-19 emergency declaration or any subsequent COVID-19 major disaster declaration.
c. This policy does not apply to any other emergency or major disaster declaration.
Outcome: To define the overarching eligibility framework for purchasing and distributing food in response to COVID-19 declarations.
1. Legal Responsibility.
a. To be eligible for PA, an item of work must be the legal responsibility of an eligible applicant.5 Measures to protect life, public health, and safety are generally the responsibility of state, local, tribal, and territorial (SLTT) governments.
b. Legally responsible SLTT governments may enter into formal agreements or contracts with private organizations, including private nonprofit (PNP) organizations such as food banks, to purchase and distribute food when necessary as an emergency protective measure in response to the COVID-19 Public Health Emergency. In these cases, PA funding is provided to the legally responsible government entity, which would then reimburse the private organization for the cost of providing those services under the agreement or contract.
2. Work Eligibility.
a. In accordance with sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), emergency protective measures necessary to save lives and protect public health and safety, including the purchase and distribution of food, may be reimbursed under the PA program.
b. When necessary as an emergency protective measure, eligible work related to the purchase and distribution of food in response to the COVID-19 pandemic includes:
i. Purchasing, packaging, and/or preparing food, including food commodities, fresh foods, shelf-stable food products, and prepared meals;
ii. Delivering food, including hot and cold meals if necessary, to distribution points and/or individuals, when conditions constitute a level of severity that food is not easily accessible for purchase; and
i. Leasing distribution and storage space, vehicles, and necessary equipment.
c. Several indicators may demonstrate the need to purchase and distribute food in response to the COVID-19 pandemic:
i. Reduced mobility of people in need due to government-imposed restrictions, including “stay-at-home” orders, which prevent certain populations from accessing food;
ii. Marked increase or atypical demand for feeding resources; or
iii. Disruptions to the typical food supply chain within a given jurisdiction.
d. Populations in an impacted community that may need the provision of food as a lifesaving and life-sustaining commodity, may include:
i. Those who test positive for COVID-19 or have been exposed to COVID-19, but who do not require hospitalization;6
ii. High-risk individuals, such as people over 65 or with certain underlying health conditions;7 and
iii. Other populations based on the direction or guidance of the appropriate public health official.
3. Cost Eligibility.
a. All claimed costs must be necessary and reasonable in order to respond to the COVID-19 Public Health Emergency and are subject to standard program eligibility and other Federal requirements, including the prevailing cost-share for the respective declaration.8
b. Applicants must follow applicable cost principles and procurement requirements.9
i. Costs claimed by SLTT governments must be reasonable pursuant to Federal regulations and Federal cost principles.10 A cost is considered reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.
ii. States and territorial governments are required to follow their own procurement procedures, comply with 2 CFR §200.322, and include any clauses required by 2 CFR §200.326. Local and tribal governments must follow their own procedures and comply with 2 CFR §200.318.
iii. In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, and Bridget E. Bean, Assistant Administrator for the Grants Program Directorate, for the duration of the Public Health Emergency, as determined by U.S. Department of Health and Human Services (HHS), local governments, tribal governments, PNPs, and other non-state entities may proceed with new and existing non-competitively procured contracts. The March 17, 2020 memorandum and other information related to procurement specific to COVID-19 declarations are available on the FEMA website at www.fema.gov/media-library/assets/documents/186350.
c. Pursuant to Section 312 of the Stafford Act, FEMA is prohibited from providing financial assistance where such assistance would duplicate funding available from another program, insurance, or any other source for the same costs.11
4. Time Limitations.
a. FEMA may provide funding for an initial 30-day time period.
b. SLTT governments may request a 30-day time extension from the Regional Administrator (RA) with documentation showing continued need.
c. Work may not extend beyond the duration of the COVID-19 Public Health Emergency, as determined by HHS.
Keith Turi
Assistant Administrator, Recovery Directorate
Date: April 11, 2020
###
This policy will be reviewed periodically during the COVID-19 Public Health Emergency. The Assistant Administrator of Recovery is responsible for authorizing any changes or updates. This policy will sunset with the closure of the national emergency for COVID-19 and any subsequent major disaster declarations for COVID-19.
Authorities
References
FEMA will closely monitor the implementation of this policy through close coordination with regional and field staff, as appropriate, as well as interagency partners and SLTT stakeholders. Various planning calls are conducted daily related to COVID-19 declarations. Additionally, FEMA has set up a mailbox for COVID-19 questions and concerns at covid19paoperations@fema.dhs.gov.
QUESTIONS
Direct questions to covid19paoperations@fema.dhs.gov
1 Proclamation 9994 of March 13, 85 FR 15337 (Mar. 18, 2020); see also www.fema.gov/news-release/2020/03/13/covid- 19-emergency-declaration.
2 https://www.nga.org/coronavirus/#states
3https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html.
4 The current version of the Public Assistance Program and Policy Guide (PAPPG), Version 3.1, is available on the FEMA website at www.fema.gov/media-library/assets/documents/111781.
5 44 CFR §206.223.
6 Any collection or handling of information with regard to the health status of individuals must be compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996. FEMA will not be collecting any health information.
7 The distribution of supplies and other relief and assistance activities shall be accomplished without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status. Section 308 of the Stafford Act, 42 U.S.C. § 5151, as amended.
8 In certain circumstances, the Regional Administrator may require the submission of an internal control plan, pursuant to 2 CFR
§200.303, in particular when the SLTT government is implementing residential delivery of meals to targeted groups of individuals who are need of such assistance.
9 See. COVID-19 Guidance: Procurements Under Grants During Periods of Exigent or Emergency Circumstances,
March 17, 2020. (https://www.fema.gov/media-library/assets/documents/186350.)
10 2 CFR §200.404; OMB Circular 87.
11 42 U.S.C. § 5155.
Last Updated:
April 12, 2020 - 18:13
Release date: April 12, 2020
Release Number: FEMA Policy FP 104-010-03
Under the President’s March 13, 2020, COVID-19 emergency declaration1 and subsequent major disaster declarations for COVID-19, state, local, tribal, and territorial (SLTT) government entities and certain private non-profit (PNP) organizations are eligible to apply for assistance under the FEMA Public Assistance (PA) Program. This policy is applicable to eligible PA applicants only and is exclusive to emergency and major disaster declarations for the COVID- 19 pandemic.
As of April 9, 2020, 51 states and territories had “stay at home” orders in place.2 The population at high-risk for severe illness from COVID-19 includes people 65 years and older and people of any age who have serious underlying medical conditions, including people with chronic lung disease or moderate to severe asthma, people with serious heart conditions, people who are immunocompromised (e.g., those undergoing cancer treatment, smokers, those with HIV or AIDs), and people with severe obesity, diabetes, or liver disease, and people undergoing kidney dialysis.3 Due to the impact of the COVID-19 pandemic, there may be areas where it will be necessary as an emergency protective measure to provide food to meet the immediate needs of those who do not have access to food as a result of COVID-19 and to protect the public from the spread of the virus.
This policy defines the framework, policy details, and requirements for determining eligible work and costs for the purchase and distribution of food in response to the COVID-19 Public Health Emergency to ensure consistent and appropriate implementation across all COVID-19 emergency and major disaster declarations. Except where specifically stated otherwise in this policy, assistance is subject to PA Program requirements as defined in Version 3.1 of the Public Assistance Program and Policy Guide (PAPPG).4
A. FEMA will provide flexibility to applicants to protect the health and safety of impacted communities in response to the COVID-19 Public Health Emergency through the purchase and distribution of food.
B. FEMA will responsibly implement this policy and any assistance provided in a consistent manner through informed decision-making and accountable documentation.
C. FEMA will engage with interagency partners, including the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and U.S. Department of Housing and Urban Development (HUD), to ensure this assistance does not duplicate other available assistance. Engagement with USDA will include coordination with USDA’s efforts on food bank response.
REQUIREMENTS
Outcome: To establish the parameters of this policy and ensure it is implemented in a manner consistent with program authorities and appropriate to the needs of the COVID-19 Public Health Emergency.
1. This policy applies to:
a. All Presidential emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, issued for the COVID-19 Public Health Emergency.
b. Eligible PA applicants under the COVID-19 emergency declaration or any subsequent COVID-19 major disaster declaration.
c. This policy does not apply to any other emergency or major disaster declaration.
Outcome: To define the overarching eligibility framework for purchasing and distributing food in response to COVID-19 declarations.
1. Legal Responsibility.
a. To be eligible for PA, an item of work must be the legal responsibility of an eligible applicant.5 Measures to protect life, public health, and safety are generally the responsibility of state, local, tribal, and territorial (SLTT) governments.
b. Legally responsible SLTT governments may enter into formal agreements or contracts with private organizations, including private nonprofit (PNP) organizations such as food banks, to purchase and distribute food when necessary as an emergency protective measure in response to the COVID-19 Public Health Emergency. In these cases, PA funding is provided to the legally responsible government entity, which would then reimburse the private organization for the cost of providing those services under the agreement or contract.
2. Work Eligibility.
a. In accordance with sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), emergency protective measures necessary to save lives and protect public health and safety, including the purchase and distribution of food, may be reimbursed under the PA program.
b. When necessary as an emergency protective measure, eligible work related to the purchase and distribution of food in response to the COVID-19 pandemic includes:
i. Purchasing, packaging, and/or preparing food, including food commodities, fresh foods, shelf-stable food products, and prepared meals;
ii. Delivering food, including hot and cold meals if necessary, to distribution points and/or individuals, when conditions constitute a level of severity that food is not easily accessible for purchase; and
i. Leasing distribution and storage space, vehicles, and necessary equipment.
c. Several indicators may demonstrate the need to purchase and distribute food in response to the COVID-19 pandemic:
i. Reduced mobility of people in need due to government-imposed restrictions, including “stay-at-home” orders, which prevent certain populations from accessing food;
ii. Marked increase or atypical demand for feeding resources; or
iii. Disruptions to the typical food supply chain within a given jurisdiction.
d. Populations in an impacted community that may need the provision of food as a lifesaving and life-sustaining commodity, may include:
i. Those who test positive for COVID-19 or have been exposed to COVID-19, but who do not require hospitalization;6
ii. High-risk individuals, such as people over 65 or with certain underlying health conditions;7 and
iii. Other populations based on the direction or guidance of the appropriate public health official.
3. Cost Eligibility.
a. All claimed costs must be necessary and reasonable in order to respond to the COVID-19 Public Health Emergency and are subject to standard program eligibility and other Federal requirements, including the prevailing cost-share for the respective declaration.8
b. Applicants must follow applicable cost principles and procurement requirements.9
i. Costs claimed by SLTT governments must be reasonable pursuant to Federal regulations and Federal cost principles.10 A cost is considered reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.
ii. States and territorial governments are required to follow their own procurement procedures, comply with 2 CFR §200.322, and include any clauses required by 2 CFR §200.326. Local and tribal governments must follow their own procedures and comply with 2 CFR §200.318.
iii. In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, and Bridget E. Bean, Assistant Administrator for the Grants Program Directorate, for the duration of the Public Health Emergency, as determined by U.S. Department of Health and Human Services (HHS), local governments, tribal governments, PNPs, and other non-state entities may proceed with new and existing non-competitively procured contracts. The March 17, 2020 memorandum and other information related to procurement specific to COVID-19 declarations are available on the FEMA website at www.fema.gov/media-library/assets/documents/186350.
c. Pursuant to Section 312 of the Stafford Act, FEMA is prohibited from providing financial assistance where such assistance would duplicate funding available from another program, insurance, or any other source for the same costs.11
4. Time Limitations.
a. FEMA may provide funding for an initial 30-day time period.
b. SLTT governments may request a 30-day time extension from the Regional Administrator (RA) with documentation showing continued need.
c. Work may not extend beyond the duration of the COVID-19 Public Health Emergency, as determined by HHS.
Keith Turi
Assistant Administrator, Recovery Directorate
Date: April 11, 2020
###
This policy will be reviewed periodically during the COVID-19 Public Health Emergency. The Assistant Administrator of Recovery is responsible for authorizing any changes or updates. This policy will sunset with the closure of the national emergency for COVID-19 and any subsequent major disaster declarations for COVID-19.
Authorities
References
FEMA will closely monitor the implementation of this policy through close coordination with regional and field staff, as appropriate, as well as interagency partners and SLTT stakeholders. Various planning calls are conducted daily related to COVID-19 declarations. Additionally, FEMA has set up a mailbox for COVID-19 questions and concerns at covid19paoperations@fema.dhs.gov.
QUESTIONS
Direct questions to covid19paoperations@fema.dhs.gov
1 Proclamation 9994 of March 13, 85 FR 15337 (Mar. 18, 2020); see also www.fema.gov/news-release/2020/03/13/covid- 19-emergency-declaration.
2 https://www.nga.org/coronavirus/#states
3https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html.
4 The current version of the Public Assistance Program and Policy Guide (PAPPG), Version 3.1, is available on the FEMA website at www.fema.gov/media-library/assets/documents/111781.
5 44 CFR §206.223.
6 Any collection or handling of information with regard to the health status of individuals must be compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996. FEMA will not be collecting any health information.
7 The distribution of supplies and other relief and assistance activities shall be accomplished without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status. Section 308 of the Stafford Act, 42 U.S.C. § 5151, as amended.
8 In certain circumstances, the Regional Administrator may require the submission of an internal control plan, pursuant to 2 CFR
§200.303, in particular when the SLTT government is implementing residential delivery of meals to targeted groups of individuals who are need of such assistance.
9 See. COVID-19 Guidance: Procurements Under Grants During Periods of Exigent or Emergency Circumstances,
March 17, 2020. (https://www.fema.gov/media-library/assets/documents/186350.)
10 2 CFR §200.404; OMB Circular 87.
11 42 U.S.C. § 5155.
Last Updated:
April 12, 2020 - 18:13
Release date: April 12, 2020
Release Number: FEMA Policy FP 104-010-03
Under the President’s March 13, 2020, COVID-19 emergency declaration1 and subsequent major disaster declarations for COVID-19, state, local, tribal, and territorial (SLTT) government entities and certain private non-profit (PNP) organizations are eligible to apply for assistance under the FEMA Public Assistance (PA) Program. This policy is applicable to eligible PA applicants only and is exclusive to emergency and major disaster declarations for the COVID- 19 pandemic.
As of April 9, 2020, 51 states and territories had “stay at home” orders in place.2 The population at high-risk for severe illness from COVID-19 includes people 65 years and older and people of any age who have serious underlying medical conditions, including people with chronic lung disease or moderate to severe asthma, people with serious heart conditions, people who are immunocompromised (e.g., those undergoing cancer treatment, smokers, those with HIV or AIDs), and people with severe obesity, diabetes, or liver disease, and people undergoing kidney dialysis.3 Due to the impact of the COVID-19 pandemic, there may be areas where it will be necessary as an emergency protective measure to provide food to meet the immediate needs of those who do not have access to food as a result of COVID-19 and to protect the public from the spread of the virus.
This policy defines the framework, policy details, and requirements for determining eligible work and costs for the purchase and distribution of food in response to the COVID-19 Public Health Emergency to ensure consistent and appropriate implementation across all COVID-19 emergency and major disaster declarations. Except where specifically stated otherwise in this policy, assistance is subject to PA Program requirements as defined in Version 3.1 of the Public Assistance Program and Policy Guide (PAPPG).4
A. FEMA will provide flexibility to applicants to protect the health and safety of impacted communities in response to the COVID-19 Public Health Emergency through the purchase and distribution of food.
B. FEMA will responsibly implement this policy and any assistance provided in a consistent manner through informed decision-making and accountable documentation.
C. FEMA will engage with interagency partners, including the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and U.S. Department of Housing and Urban Development (HUD), to ensure this assistance does not duplicate other available assistance. Engagement with USDA will include coordination with USDA’s efforts on food bank response.
REQUIREMENTS
Outcome: To establish the parameters of this policy and ensure it is implemented in a manner consistent with program authorities and appropriate to the needs of the COVID-19 Public Health Emergency.
1. This policy applies to:
a. All Presidential emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, issued for the COVID-19 Public Health Emergency.
b. Eligible PA applicants under the COVID-19 emergency declaration or any subsequent COVID-19 major disaster declaration.
c. This policy does not apply to any other emergency or major disaster declaration.
Outcome: To define the overarching eligibility framework for purchasing and distributing food in response to COVID-19 declarations.
1. Legal Responsibility.
a. To be eligible for PA, an item of work must be the legal responsibility of an eligible applicant.5 Measures to protect life, public health, and safety are generally the responsibility of state, local, tribal, and territorial (SLTT) governments.
b. Legally responsible SLTT governments may enter into formal agreements or contracts with private organizations, including private nonprofit (PNP) organizations such as food banks, to purchase and distribute food when necessary as an emergency protective measure in response to the COVID-19 Public Health Emergency. In these cases, PA funding is provided to the legally responsible government entity, which would then reimburse the private organization for the cost of providing those services under the agreement or contract.
2. Work Eligibility.
a. In accordance with sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), emergency protective measures necessary to save lives and protect public health and safety, including the purchase and distribution of food, may be reimbursed under the PA program.
b. When necessary as an emergency protective measure, eligible work related to the purchase and distribution of food in response to the COVID-19 pandemic includes:
i. Purchasing, packaging, and/or preparing food, including food commodities, fresh foods, shelf-stable food products, and prepared meals;
ii. Delivering food, including hot and cold meals if necessary, to distribution points and/or individuals, when conditions constitute a level of severity that food is not easily accessible for purchase; and
i. Leasing distribution and storage space, vehicles, and necessary equipment.
c. Several indicators may demonstrate the need to purchase and distribute food in response to the COVID-19 pandemic:
i. Reduced mobility of people in need due to government-imposed restrictions, including “stay-at-home” orders, which prevent certain populations from accessing food;
ii. Marked increase or atypical demand for feeding resources; or
iii. Disruptions to the typical food supply chain within a given jurisdiction.
d. Populations in an impacted community that may need the provision of food as a lifesaving and life-sustaining commodity, may include:
i. Those who test positive for COVID-19 or have been exposed to COVID-19, but who do not require hospitalization;6
ii. High-risk individuals, such as people over 65 or with certain underlying health conditions;7 and
iii. Other populations based on the direction or guidance of the appropriate public health official.
3. Cost Eligibility.
a. All claimed costs must be necessary and reasonable in order to respond to the COVID-19 Public Health Emergency and are subject to standard program eligibility and other Federal requirements, including the prevailing cost-share for the respective declaration.8
b. Applicants must follow applicable cost principles and procurement requirements.9
i. Costs claimed by SLTT governments must be reasonable pursuant to Federal regulations and Federal cost principles.10 A cost is considered reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.
ii. States and territorial governments are required to follow their own procurement procedures, comply with 2 CFR §200.322, and include any clauses required by 2 CFR §200.326. Local and tribal governments must follow their own procedures and comply with 2 CFR §200.318.
iii. In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, and Bridget E. Bean, Assistant Administrator for the Grants Program Directorate, for the duration of the Public Health Emergency, as determined by U.S. Department of Health and Human Services (HHS), local governments, tribal governments, PNPs, and other non-state entities may proceed with new and existing non-competitively procured contracts. The March 17, 2020 memorandum and other information related to procurement specific to COVID-19 declarations are available on the FEMA website at www.fema.gov/media-library/assets/documents/186350.
c. Pursuant to Section 312 of the Stafford Act, FEMA is prohibited from providing financial assistance where such assistance would duplicate funding available from another program, insurance, or any other source for the same costs.11
4. Time Limitations.
a. FEMA may provide funding for an initial 30-day time period.
b. SLTT governments may request a 30-day time extension from the Regional Administrator (RA) with documentation showing continued need.
c. Work may not extend beyond the duration of the COVID-19 Public Health Emergency, as determined by HHS.
Keith Turi
Assistant Administrator, Recovery Directorate
Date: April 11, 2020
###
This policy will be reviewed periodically during the COVID-19 Public Health Emergency. The Assistant Administrator of Recovery is responsible for authorizing any changes or updates. This policy will sunset with the closure of the national emergency for COVID-19 and any subsequent major disaster declarations for COVID-19.
Authorities
References
FEMA will closely monitor the implementation of this policy through close coordination with regional and field staff, as appropriate, as well as interagency partners and SLTT stakeholders. Various planning calls are conducted daily related to COVID-19 declarations. Additionally, FEMA has set up a mailbox for COVID-19 questions and concerns at covid19paoperations@fema.dhs.gov.
QUESTIONS
Direct questions to covid19paoperations@fema.dhs.gov
1 Proclamation 9994 of March 13, 85 FR 15337 (Mar. 18, 2020); see also www.fema.gov/news-release/2020/03/13/covid- 19-emergency-declaration.
2 https://www.nga.org/coronavirus/#states
3https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html.
4 The current version of the Public Assistance Program and Policy Guide (PAPPG), Version 3.1, is available on the FEMA website at www.fema.gov/media-library/assets/documents/111781.
5 44 CFR §206.223.
6 Any collection or handling of information with regard to the health status of individuals must be compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996. FEMA will not be collecting any health information.
7 The distribution of supplies and other relief and assistance activities shall be accomplished without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status. Section 308 of the Stafford Act, 42 U.S.C. § 5151, as amended.
8 In certain circumstances, the Regional Administrator may require the submission of an internal control plan, pursuant to 2 CFR
§200.303, in particular when the SLTT government is implementing residential delivery of meals to targeted groups of individuals who are need of such assistance.
9 See. COVID-19 Guidance: Procurements Under Grants During Periods of Exigent or Emergency Circumstances,
March 17, 2020. (https://www.fema.gov/media-library/assets/documents/186350.)
10 2 CFR §200.404; OMB Circular 87.
11 42 U.S.C. § 5155.
Last Updated:
April 12, 2020 - 18:13
Release date: April 12, 2020
Release Number: FEMA Policy FP 104-010-03
Under the President’s March 13, 2020, COVID-19 emergency declaration1 and subsequent major disaster declarations for COVID-19, state, local, tribal, and territorial (SLTT) government entities and certain private non-profit (PNP) organizations are eligible to apply for assistance under the FEMA Public Assistance (PA) Program. This policy is applicable to eligible PA applicants only and is exclusive to emergency and major disaster declarations for the COVID- 19 pandemic.
As of April 9, 2020, 51 states and territories had “stay at home” orders in place.2 The population at high-risk for severe illness from COVID-19 includes people 65 years and older and people of any age who have serious underlying medical conditions, including people with chronic lung disease or moderate to severe asthma, people with serious heart conditions, people who are immunocompromised (e.g., those undergoing cancer treatment, smokers, those with HIV or AIDs), and people with severe obesity, diabetes, or liver disease, and people undergoing kidney dialysis.3 Due to the impact of the COVID-19 pandemic, there may be areas where it will be necessary as an emergency protective measure to provide food to meet the immediate needs of those who do not have access to food as a result of COVID-19 and to protect the public from the spread of the virus.
This policy defines the framework, policy details, and requirements for determining eligible work and costs for the purchase and distribution of food in response to the COVID-19 Public Health Emergency to ensure consistent and appropriate implementation across all COVID-19 emergency and major disaster declarations. Except where specifically stated otherwise in this policy, assistance is subject to PA Program requirements as defined in Version 3.1 of the Public Assistance Program and Policy Guide (PAPPG).4
A. FEMA will provide flexibility to applicants to protect the health and safety of impacted communities in response to the COVID-19 Public Health Emergency through the purchase and distribution of food.
B. FEMA will responsibly implement this policy and any assistance provided in a consistent manner through informed decision-making and accountable documentation.
C. FEMA will engage with interagency partners, including the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and U.S. Department of Housing and Urban Development (HUD), to ensure this assistance does not duplicate other available assistance. Engagement with USDA will include coordination with USDA’s efforts on food bank response.
REQUIREMENTS
Outcome: To establish the parameters of this policy and ensure it is implemented in a manner consistent with program authorities and appropriate to the needs of the COVID-19 Public Health Emergency.
1. This policy applies to:
a. All Presidential emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, issued for the COVID-19 Public Health Emergency.
b. Eligible PA applicants under the COVID-19 emergency declaration or any subsequent COVID-19 major disaster declaration.
c. This policy does not apply to any other emergency or major disaster declaration.
Outcome: To define the overarching eligibility framework for purchasing and distributing food in response to COVID-19 declarations.
1. Legal Responsibility.
a. To be eligible for PA, an item of work must be the legal responsibility of an eligible applicant.5 Measures to protect life, public health, and safety are generally the responsibility of state, local, tribal, and territorial (SLTT) governments.
b. Legally responsible SLTT governments may enter into formal agreements or contracts with private organizations, including private nonprofit (PNP) organizations such as food banks, to purchase and distribute food when necessary as an emergency protective measure in response to the COVID-19 Public Health Emergency. In these cases, PA funding is provided to the legally responsible government entity, which would then reimburse the private organization for the cost of providing those services under the agreement or contract.
2. Work Eligibility.
a. In accordance with sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), emergency protective measures necessary to save lives and protect public health and safety, including the purchase and distribution of food, may be reimbursed under the PA program.
b. When necessary as an emergency protective measure, eligible work related to the purchase and distribution of food in response to the COVID-19 pandemic includes:
i. Purchasing, packaging, and/or preparing food, including food commodities, fresh foods, shelf-stable food products, and prepared meals;
ii. Delivering food, including hot and cold meals if necessary, to distribution points and/or individuals, when conditions constitute a level of severity that food is not easily accessible for purchase; and
i. Leasing distribution and storage space, vehicles, and necessary equipment.
c. Several indicators may demonstrate the need to purchase and distribute food in response to the COVID-19 pandemic:
i. Reduced mobility of people in need due to government-imposed restrictions, including “stay-at-home” orders, which prevent certain populations from accessing food;
ii. Marked increase or atypical demand for feeding resources; or
iii. Disruptions to the typical food supply chain within a given jurisdiction.
d. Populations in an impacted community that may need the provision of food as a lifesaving and life-sustaining commodity, may include:
i. Those who test positive for COVID-19 or have been exposed to COVID-19, but who do not require hospitalization;6
ii. High-risk individuals, such as people over 65 or with certain underlying health conditions;7 and
iii. Other populations based on the direction or guidance of the appropriate public health official.
3. Cost Eligibility.
a. All claimed costs must be necessary and reasonable in order to respond to the COVID-19 Public Health Emergency and are subject to standard program eligibility and other Federal requirements, including the prevailing cost-share for the respective declaration.8
b. Applicants must follow applicable cost principles and procurement requirements.9
i. Costs claimed by SLTT governments must be reasonable pursuant to Federal regulations and Federal cost principles.10 A cost is considered reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.
ii. States and territorial governments are required to follow their own procurement procedures, comply with 2 CFR §200.322, and include any clauses required by 2 CFR §200.326. Local and tribal governments must follow their own procedures and comply with 2 CFR §200.318.
iii. In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, and Bridget E. Bean, Assistant Administrator for the Grants Program Directorate, for the duration of the Public Health Emergency, as determined by U.S. Department of Health and Human Services (HHS), local governments, tribal governments, PNPs, and other non-state entities may proceed with new and existing non-competitively procured contracts. The March 17, 2020 memorandum and other information related to procurement specific to COVID-19 declarations are available on the FEMA website at www.fema.gov/media-library/assets/documents/186350.
c. Pursuant to Section 312 of the Stafford Act, FEMA is prohibited from providing financial assistance where such assistance would duplicate funding available from another program, insurance, or any other source for the same costs.11
4. Time Limitations.
a. FEMA may provide funding for an initial 30-day time period.
b. SLTT governments may request a 30-day time extension from the Regional Administrator (RA) with documentation showing continued need.
c. Work may not extend beyond the duration of the COVID-19 Public Health Emergency, as determined by HHS.
Keith Turi
Assistant Administrator, Recovery Directorate
Date: April 11, 2020
###
This policy will be reviewed periodically during the COVID-19 Public Health Emergency. The Assistant Administrator of Recovery is responsible for authorizing any changes or updates. This policy will sunset with the closure of the national emergency for COVID-19 and any subsequent major disaster declarations for COVID-19.
Authorities
References
FEMA will closely monitor the implementation of this policy through close coordination with regional and field staff, as appropriate, as well as interagency partners and SLTT stakeholders. Various planning calls are conducted daily related to COVID-19 declarations. Additionally, FEMA has set up a mailbox for COVID-19 questions and concerns at covid19paoperations@fema.dhs.gov.
QUESTIONS
Direct questions to covid19paoperations@fema.dhs.gov
1 Proclamation 9994 of March 13, 85 FR 15337 (Mar. 18, 2020); see also www.fema.gov/news-release/2020/03/13/covid- 19-emergency-declaration.
2 https://www.nga.org/coronavirus/#states
3https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html.
4 The current version of the Public Assistance Program and Policy Guide (PAPPG), Version 3.1, is available on the FEMA website at www.fema.gov/media-library/assets/documents/111781.
5 44 CFR §206.223.
6 Any collection or handling of information with regard to the health status of individuals must be compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996. FEMA will not be collecting any health information.
7 The distribution of supplies and other relief and assistance activities shall be accomplished without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status. Section 308 of the Stafford Act, 42 U.S.C. § 5151, as amended.
8 In certain circumstances, the Regional Administrator may require the submission of an internal control plan, pursuant to 2 CFR
§200.303, in particular when the SLTT government is implementing residential delivery of meals to targeted groups of individuals who are need of such assistance.
9 See. COVID-19 Guidance: Procurements Under Grants During Periods of Exigent or Emergency Circumstances,
March 17, 2020. (https://www.fema.gov/media-library/assets/documents/186350.)
10 2 CFR §200.404; OMB Circular 87.
11 42 U.S.C. § 5155.
Last Updated:
April 12, 2020 - 18:13
Release date: April 12, 2020
Release Number: FEMA Policy FP 104-010-03
Under the President’s March 13, 2020, COVID-19 emergency declaration1 and subsequent major disaster declarations for COVID-19, state, local, tribal, and territorial (SLTT) government entities and certain private non-profit (PNP) organizations are eligible to apply for assistance under the FEMA Public Assistance (PA) Program. This policy is applicable to eligible PA applicants only and is exclusive to emergency and major disaster declarations for the COVID- 19 pandemic.
As of April 9, 2020, 51 states and territories had “stay at home” orders in place.2 The population at high-risk for severe illness from COVID-19 includes people 65 years and older and people of any age who have serious underlying medical conditions, including people with chronic lung disease or moderate to severe asthma, people with serious heart conditions, people who are immunocompromised (e.g., those undergoing cancer treatment, smokers, those with HIV or AIDs), and people with severe obesity, diabetes, or liver disease, and people undergoing kidney dialysis.3 Due to the impact of the COVID-19 pandemic, there may be areas where it will be necessary as an emergency protective measure to provide food to meet the immediate needs of those who do not have access to food as a result of COVID-19 and to protect the public from the spread of the virus.
This policy defines the framework, policy details, and requirements for determining eligible work and costs for the purchase and distribution of food in response to the COVID-19 Public Health Emergency to ensure consistent and appropriate implementation across all COVID-19 emergency and major disaster declarations. Except where specifically stated otherwise in this policy, assistance is subject to PA Program requirements as defined in Version 3.1 of the Public Assistance Program and Policy Guide (PAPPG).4
A. FEMA will provide flexibility to applicants to protect the health and safety of impacted communities in response to the COVID-19 Public Health Emergency through the purchase and distribution of food.
B. FEMA will responsibly implement this policy and any assistance provided in a consistent manner through informed decision-making and accountable documentation.
C. FEMA will engage with interagency partners, including the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and U.S. Department of Housing and Urban Development (HUD), to ensure this assistance does not duplicate other available assistance. Engagement with USDA will include coordination with USDA’s efforts on food bank response.
REQUIREMENTS
Outcome: To establish the parameters of this policy and ensure it is implemented in a manner consistent with program authorities and appropriate to the needs of the COVID-19 Public Health Emergency.
1. This policy applies to:
a. All Presidential emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, issued for the COVID-19 Public Health Emergency.
b. Eligible PA applicants under the COVID-19 emergency declaration or any subsequent COVID-19 major disaster declaration.
c. This policy does not apply to any other emergency or major disaster declaration.
Outcome: To define the overarching eligibility framework for purchasing and distributing food in response to COVID-19 declarations.
1. Legal Responsibility.
a. To be eligible for PA, an item of work must be the legal responsibility of an eligible applicant.5 Measures to protect life, public health, and safety are generally the responsibility of state, local, tribal, and territorial (SLTT) governments.
b. Legally responsible SLTT governments may enter into formal agreements or contracts with private organizations, including private nonprofit (PNP) organizations such as food banks, to purchase and distribute food when necessary as an emergency protective measure in response to the COVID-19 Public Health Emergency. In these cases, PA funding is provided to the legally responsible government entity, which would then reimburse the private organization for the cost of providing those services under the agreement or contract.
2. Work Eligibility.
a. In accordance with sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), emergency protective measures necessary to save lives and protect public health and safety, including the purchase and distribution of food, may be reimbursed under the PA program.
b. When necessary as an emergency protective measure, eligible work related to the purchase and distribution of food in response to the COVID-19 pandemic includes:
i. Purchasing, packaging, and/or preparing food, including food commodities, fresh foods, shelf-stable food products, and prepared meals;
ii. Delivering food, including hot and cold meals if necessary, to distribution points and/or individuals, when conditions constitute a level of severity that food is not easily accessible for purchase; and
i. Leasing distribution and storage space, vehicles, and necessary equipment.
c. Several indicators may demonstrate the need to purchase and distribute food in response to the COVID-19 pandemic:
i. Reduced mobility of people in need due to government-imposed restrictions, including “stay-at-home” orders, which prevent certain populations from accessing food;
ii. Marked increase or atypical demand for feeding resources; or
iii. Disruptions to the typical food supply chain within a given jurisdiction.
d. Populations in an impacted community that may need the provision of food as a lifesaving and life-sustaining commodity, may include:
i. Those who test positive for COVID-19 or have been exposed to COVID-19, but who do not require hospitalization;6
ii. High-risk individuals, such as people over 65 or with certain underlying health conditions;7 and
iii. Other populations based on the direction or guidance of the appropriate public health official.
3. Cost Eligibility.
a. All claimed costs must be necessary and reasonable in order to respond to the COVID-19 Public Health Emergency and are subject to standard program eligibility and other Federal requirements, including the prevailing cost-share for the respective declaration.8
b. Applicants must follow applicable cost principles and procurement requirements.9
i. Costs claimed by SLTT governments must be reasonable pursuant to Federal regulations and Federal cost principles.10 A cost is considered reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.
ii. States and territorial governments are required to follow their own procurement procedures, comply with 2 CFR §200.322, and include any clauses required by 2 CFR §200.326. Local and tribal governments must follow their own procedures and comply with 2 CFR §200.318.
iii. In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, and Bridget E. Bean, Assistant Administrator for the Grants Program Directorate, for the duration of the Public Health Emergency, as determined by U.S. Department of Health and Human Services (HHS), local governments, tribal governments, PNPs, and other non-state entities may proceed with new and existing non-competitively procured contracts. The March 17, 2020 memorandum and other information related to procurement specific to COVID-19 declarations are available on the FEMA website at www.fema.gov/media-library/assets/documents/186350.
c. Pursuant to Section 312 of the Stafford Act, FEMA is prohibited from providing financial assistance where such assistance would duplicate funding available from another program, insurance, or any other source for the same costs.11
4. Time Limitations.
a. FEMA may provide funding for an initial 30-day time period.
b. SLTT governments may request a 30-day time extension from the Regional Administrator (RA) with documentation showing continued need.
c. Work may not extend beyond the duration of the COVID-19 Public Health Emergency, as determined by HHS.
Keith Turi
Assistant Administrator, Recovery Directorate
Date: April 11, 2020
###
This policy will be reviewed periodically during the COVID-19 Public Health Emergency. The Assistant Administrator of Recovery is responsible for authorizing any changes or updates. This policy will sunset with the closure of the national emergency for COVID-19 and any subsequent major disaster declarations for COVID-19.
Authorities
References
FEMA will closely monitor the implementation of this policy through close coordination with regional and field staff, as appropriate, as well as interagency partners and SLTT stakeholders. Various planning calls are conducted daily related to COVID-19 declarations. Additionally, FEMA has set up a mailbox for COVID-19 questions and concerns at covid19paoperations@fema.dhs.gov.
QUESTIONS
Direct questions to covid19paoperations@fema.dhs.gov
1 Proclamation 9994 of March 13, 85 FR 15337 (Mar. 18, 2020); see also www.fema.gov/news-release/2020/03/13/covid- 19-emergency-declaration.
2 https://www.nga.org/coronavirus/#states
3https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html.
4 The current version of the Public Assistance Program and Policy Guide (PAPPG), Version 3.1, is available on the FEMA website at www.fema.gov/media-library/assets/documents/111781.
5 44 CFR §206.223.
6 Any collection or handling of information with regard to the health status of individuals must be compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996. FEMA will not be collecting any health information.
7 The distribution of supplies and other relief and assistance activities shall be accomplished without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status. Section 308 of the Stafford Act, 42 U.S.C. § 5151, as amended.
8 In certain circumstances, the Regional Administrator may require the submission of an internal control plan, pursuant to 2 CFR
§200.303, in particular when the SLTT government is implementing residential delivery of meals to targeted groups of individuals who are need of such assistance.
9 See. COVID-19 Guidance: Procurements Under Grants During Periods of Exigent or Emergency Circumstances,
March 17, 2020. (https://www.fema.gov/media-library/assets/documents/186350.)
10 2 CFR §200.404; OMB Circular 87.
11 42 U.S.C. § 5155.
Last Updated:
April 12, 2020 - 18:13
Release date: April 12, 2020
Release Number: FEMA Policy FP 104-010-03
Under the President’s March 13, 2020, COVID-19 emergency declaration1 and subsequent major disaster declarations for COVID-19, state, local, tribal, and territorial (SLTT) government entities and certain private non-profit (PNP) organizations are eligible to apply for assistance under the FEMA Public Assistance (PA) Program. This policy is applicable to eligible PA applicants only and is exclusive to emergency and major disaster declarations for the COVID- 19 pandemic.
As of April 9, 2020, 51 states and territories had “stay at home” orders in place.2 The population at high-risk for severe illness from COVID-19 includes people 65 years and older and people of any age who have serious underlying medical conditions, including people with chronic lung disease or moderate to severe asthma, people with serious heart conditions, people who are immunocompromised (e.g., those undergoing cancer treatment, smokers, those with HIV or AIDs), and people with severe obesity, diabetes, or liver disease, and people undergoing kidney dialysis.3 Due to the impact of the COVID-19 pandemic, there may be areas where it will be necessary as an emergency protective measure to provide food to meet the immediate needs of those who do not have access to food as a result of COVID-19 and to protect the public from the spread of the virus.
This policy defines the framework, policy details, and requirements for determining eligible work and costs for the purchase and distribution of food in response to the COVID-19 Public Health Emergency to ensure consistent and appropriate implementation across all COVID-19 emergency and major disaster declarations. Except where specifically stated otherwise in this policy, assistance is subject to PA Program requirements as defined in Version 3.1 of the Public Assistance Program and Policy Guide (PAPPG).4
A. FEMA will provide flexibility to applicants to protect the health and safety of impacted communities in response to the COVID-19 Public Health Emergency through the purchase and distribution of food.
B. FEMA will responsibly implement this policy and any assistance provided in a consistent manner through informed decision-making and accountable documentation.
C. FEMA will engage with interagency partners, including the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and U.S. Department of Housing and Urban Development (HUD), to ensure this assistance does not duplicate other available assistance. Engagement with USDA will include coordination with USDA’s efforts on food bank response.
REQUIREMENTS
Outcome: To establish the parameters of this policy and ensure it is implemented in a manner consistent with program authorities and appropriate to the needs of the COVID-19 Public Health Emergency.
1. This policy applies to:
a. All Presidential emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, issued for the COVID-19 Public Health Emergency.
b. Eligible PA applicants under the COVID-19 emergency declaration or any subsequent COVID-19 major disaster declaration.
c. This policy does not apply to any other emergency or major disaster declaration.
Outcome: To define the overarching eligibility framework for purchasing and distributing food in response to COVID-19 declarations.
1. Legal Responsibility.
a. To be eligible for PA, an item of work must be the legal responsibility of an eligible applicant.5 Measures to protect life, public health, and safety are generally the responsibility of state, local, tribal, and territorial (SLTT) governments.
b. Legally responsible SLTT governments may enter into formal agreements or contracts with private organizations, including private nonprofit (PNP) organizations such as food banks, to purchase and distribute food when necessary as an emergency protective measure in response to the COVID-19 Public Health Emergency. In these cases, PA funding is provided to the legally responsible government entity, which would then reimburse the private organization for the cost of providing those services under the agreement or contract.
2. Work Eligibility.
a. In accordance with sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), emergency protective measures necessary to save lives and protect public health and safety, including the purchase and distribution of food, may be reimbursed under the PA program.
b. When necessary as an emergency protective measure, eligible work related to the purchase and distribution of food in response to the COVID-19 pandemic includes:
i. Purchasing, packaging, and/or preparing food, including food commodities, fresh foods, shelf-stable food products, and prepared meals;
ii. Delivering food, including hot and cold meals if necessary, to distribution points and/or individuals, when conditions constitute a level of severity that food is not easily accessible for purchase; and
i. Leasing distribution and storage space, vehicles, and necessary equipment.
c. Several indicators may demonstrate the need to purchase and distribute food in response to the COVID-19 pandemic:
i. Reduced mobility of people in need due to government-imposed restrictions, including “stay-at-home” orders, which prevent certain populations from accessing food;
ii. Marked increase or atypical demand for feeding resources; or
iii. Disruptions to the typical food supply chain within a given jurisdiction.
d. Populations in an impacted community that may need the provision of food as a lifesaving and life-sustaining commodity, may include:
i. Those who test positive for COVID-19 or have been exposed to COVID-19, but who do not require hospitalization;6
ii. High-risk individuals, such as people over 65 or with certain underlying health conditions;7 and
iii. Other populations based on the direction or guidance of the appropriate public health official.
3. Cost Eligibility.
a. All claimed costs must be necessary and reasonable in order to respond to the COVID-19 Public Health Emergency and are subject to standard program eligibility and other Federal requirements, including the prevailing cost-share for the respective declaration.8
b. Applicants must follow applicable cost principles and procurement requirements.9
i. Costs claimed by SLTT governments must be reasonable pursuant to Federal regulations and Federal cost principles.10 A cost is considered reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.
ii. States and territorial governments are required to follow their own procurement procedures, comply with 2 CFR §200.322, and include any clauses required by 2 CFR §200.326. Local and tribal governments must follow their own procedures and comply with 2 CFR §200.318.
iii. In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, and Bridget E. Bean, Assistant Administrator for the Grants Program Directorate, for the duration of the Public Health Emergency, as determined by U.S. Department of Health and Human Services (HHS), local governments, tribal governments, PNPs, and other non-state entities may proceed with new and existing non-competitively procured contracts. The March 17, 2020 memorandum and other information related to procurement specific to COVID-19 declarations are available on the FEMA website at www.fema.gov/media-library/assets/documents/186350.
c. Pursuant to Section 312 of the Stafford Act, FEMA is prohibited from providing financial assistance where such assistance would duplicate funding available from another program, insurance, or any other source for the same costs.11
4. Time Limitations.
a. FEMA may provide funding for an initial 30-day time period.
b. SLTT governments may request a 30-day time extension from the Regional Administrator (RA) with documentation showing continued need.
c. Work may not extend beyond the duration of the COVID-19 Public Health Emergency, as determined by HHS.
Keith Turi
Assistant Administrator, Recovery Directorate
Date: April 11, 2020
###
This policy will be reviewed periodically during the COVID-19 Public Health Emergency. The Assistant Administrator of Recovery is responsible for authorizing any changes or updates. This policy will sunset with the closure of the national emergency for COVID-19 and any subsequent major disaster declarations for COVID-19.
Authorities
References
FEMA will closely monitor the implementation of this policy through close coordination with regional and field staff, as appropriate, as well as interagency partners and SLTT stakeholders. Various planning calls are conducted daily related to COVID-19 declarations. Additionally, FEMA has set up a mailbox for COVID-19 questions and concerns at covid19paoperations@fema.dhs.gov.
QUESTIONS
Direct questions to covid19paoperations@fema.dhs.gov
1 Proclamation 9994 of March 13, 85 FR 15337 (Mar. 18, 2020); see also www.fema.gov/news-release/2020/03/13/covid- 19-emergency-declaration.
2 https://www.nga.org/coronavirus/#states
3https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html.
4 The current version of the Public Assistance Program and Policy Guide (PAPPG), Version 3.1, is available on the FEMA website at www.fema.gov/media-library/assets/documents/111781.
5 44 CFR §206.223.
6 Any collection or handling of information with regard to the health status of individuals must be compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996. FEMA will not be collecting any health information.
7 The distribution of supplies and other relief and assistance activities shall be accomplished without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status. Section 308 of the Stafford Act, 42 U.S.C. § 5151, as amended.
8 In certain circumstances, the Regional Administrator may require the submission of an internal control plan, pursuant to 2 CFR
§200.303, in particular when the SLTT government is implementing residential delivery of meals to targeted groups of individuals who are need of such assistance.
9 See. COVID-19 Guidance: Procurements Under Grants During Periods of Exigent or Emergency Circumstances,
March 17, 2020. (https://www.fema.gov/media-library/assets/documents/186350.)
10 2 CFR §200.404; OMB Circular 87.
11 42 U.S.C. § 5155.
Last Updated:
April 12, 2020 - 18:13
Release date: April 12, 2020
Release Number: FEMA Policy FP 104-010-03
Under the President’s March 13, 2020, COVID-19 emergency declaration1 and subsequent major disaster declarations for COVID-19, state, local, tribal, and territorial (SLTT) government entities and certain private non-profit (PNP) organizations are eligible to apply for assistance under the FEMA Public Assistance (PA) Program. This policy is applicable to eligible PA applicants only and is exclusive to emergency and major disaster declarations for the COVID- 19 pandemic.
As of April 9, 2020, 51 states and territories had “stay at home” orders in place.2 The population at high-risk for severe illness from COVID-19 includes people 65 years and older and people of any age who have serious underlying medical conditions, including people with chronic lung disease or moderate to severe asthma, people with serious heart conditions, people who are immunocompromised (e.g., those undergoing cancer treatment, smokers, those with HIV or AIDs), and people with severe obesity, diabetes, or liver disease, and people undergoing kidney dialysis.3 Due to the impact of the COVID-19 pandemic, there may be areas where it will be necessary as an emergency protective measure to provide food to meet the immediate needs of those who do not have access to food as a result of COVID-19 and to protect the public from the spread of the virus.
This policy defines the framework, policy details, and requirements for determining eligible work and costs for the purchase and distribution of food in response to the COVID-19 Public Health Emergency to ensure consistent and appropriate implementation across all COVID-19 emergency and major disaster declarations. Except where specifically stated otherwise in this policy, assistance is subject to PA Program requirements as defined in Version 3.1 of the Public Assistance Program and Policy Guide (PAPPG).4
A. FEMA will provide flexibility to applicants to protect the health and safety of impacted communities in response to the COVID-19 Public Health Emergency through the purchase and distribution of food.
B. FEMA will responsibly implement this policy and any assistance provided in a consistent manner through informed decision-making and accountable documentation.
C. FEMA will engage with interagency partners, including the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and U.S. Department of Housing and Urban Development (HUD), to ensure this assistance does not duplicate other available assistance. Engagement with USDA will include coordination with USDA’s efforts on food bank response.
REQUIREMENTS
Outcome: To establish the parameters of this policy and ensure it is implemented in a manner consistent with program authorities and appropriate to the needs of the COVID-19 Public Health Emergency.
1. This policy applies to:
a. All Presidential emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, issued for the COVID-19 Public Health Emergency.
b. Eligible PA applicants under the COVID-19 emergency declaration or any subsequent COVID-19 major disaster declaration.
c. This policy does not apply to any other emergency or major disaster declaration.
Outcome: To define the overarching eligibility framework for purchasing and distributing food in response to COVID-19 declarations.
1. Legal Responsibility.
a. To be eligible for PA, an item of work must be the legal responsibility of an eligible applicant.5 Measures to protect life, public health, and safety are generally the responsibility of state, local, tribal, and territorial (SLTT) governments.
b. Legally responsible SLTT governments may enter into formal agreements or contracts with private organizations, including private nonprofit (PNP) organizations such as food banks, to purchase and distribute food when necessary as an emergency protective measure in response to the COVID-19 Public Health Emergency. In these cases, PA funding is provided to the legally responsible government entity, which would then reimburse the private organization for the cost of providing those services under the agreement or contract.
2. Work Eligibility.
a. In accordance with sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), emergency protective measures necessary to save lives and protect public health and safety, including the purchase and distribution of food, may be reimbursed under the PA program.
b. When necessary as an emergency protective measure, eligible work related to the purchase and distribution of food in response to the COVID-19 pandemic includes:
i. Purchasing, packaging, and/or preparing food, including food commodities, fresh foods, shelf-stable food products, and prepared meals;
ii. Delivering food, including hot and cold meals if necessary, to distribution points and/or individuals, when conditions constitute a level of severity that food is not easily accessible for purchase; and
i. Leasing distribution and storage space, vehicles, and necessary equipment.
c. Several indicators may demonstrate the need to purchase and distribute food in response to the COVID-19 pandemic:
i. Reduced mobility of people in need due to government-imposed restrictions, including “stay-at-home” orders, which prevent certain populations from accessing food;
ii. Marked increase or atypical demand for feeding resources; or
iii. Disruptions to the typical food supply chain within a given jurisdiction.
d. Populations in an impacted community that may need the provision of food as a lifesaving and life-sustaining commodity, may include:
i. Those who test positive for COVID-19 or have been exposed to COVID-19, but who do not require hospitalization;6
ii. High-risk individuals, such as people over 65 or with certain underlying health conditions;7 and
iii. Other populations based on the direction or guidance of the appropriate public health official.
3. Cost Eligibility.
a. All claimed costs must be necessary and reasonable in order to respond to the COVID-19 Public Health Emergency and are subject to standard program eligibility and other Federal requirements, including the prevailing cost-share for the respective declaration.8
b. Applicants must follow applicable cost principles and procurement requirements.9
i. Costs claimed by SLTT governments must be reasonable pursuant to Federal regulations and Federal cost principles.10 A cost is considered reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.
ii. States and territorial governments are required to follow their own procurement procedures, comply with 2 CFR §200.322, and include any clauses required by 2 CFR §200.326. Local and tribal governments must follow their own procedures and comply with 2 CFR §200.318.
iii. In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, and Bridget E. Bean, Assistant Administrator for the Grants Program Directorate, for the duration of the Public Health Emergency, as determined by U.S. Department of Health and Human Services (HHS), local governments, tribal governments, PNPs, and other non-state entities may proceed with new and existing non-competitively procured contracts. The March 17, 2020 memorandum and other information related to procurement specific to COVID-19 declarations are available on the FEMA website at www.fema.gov/media-library/assets/documents/186350.
c. Pursuant to Section 312 of the Stafford Act, FEMA is prohibited from providing financial assistance where such assistance would duplicate funding available from another program, insurance, or any other source for the same costs.11
4. Time Limitations.
a. FEMA may provide funding for an initial 30-day time period.
b. SLTT governments may request a 30-day time extension from the Regional Administrator (RA) with documentation showing continued need.
c. Work may not extend beyond the duration of the COVID-19 Public Health Emergency, as determined by HHS.
Keith Turi
Assistant Administrator, Recovery Directorate
Date: April 11, 2020
###
This policy will be reviewed periodically during the COVID-19 Public Health Emergency. The Assistant Administrator of Recovery is responsible for authorizing any changes or updates. This policy will sunset with the closure of the national emergency for COVID-19 and any subsequent major disaster declarations for COVID-19.
Authorities
References
FEMA will closely monitor the implementation of this policy through close coordination with regional and field staff, as appropriate, as well as interagency partners and SLTT stakeholders. Various planning calls are conducted daily related to COVID-19 declarations. Additionally, FEMA has set up a mailbox for COVID-19 questions and concerns at covid19paoperations@fema.dhs.gov.
QUESTIONS
Direct questions to covid19paoperations@fema.dhs.gov
1 Proclamation 9994 of March 13, 85 FR 15337 (Mar. 18, 2020); see also www.fema.gov/news-release/2020/03/13/covid- 19-emergency-declaration.
2 https://www.nga.org/coronavirus/#states
3https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html.
4 The current version of the Public Assistance Program and Policy Guide (PAPPG), Version 3.1, is available on the FEMA website at www.fema.gov/media-library/assets/documents/111781.
5 44 CFR §206.223.
6 Any collection or handling of information with regard to the health status of individuals must be compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996. FEMA will not be collecting any health information.
7 The distribution of supplies and other relief and assistance activities shall be accomplished without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status. Section 308 of the Stafford Act, 42 U.S.C. § 5151, as amended.
8 In certain circumstances, the Regional Administrator may require the submission of an internal control plan, pursuant to 2 CFR
§200.303, in particular when the SLTT government is implementing residential delivery of meals to targeted groups of individuals who are need of such assistance.
9 See. COVID-19 Guidance: Procurements Under Grants During Periods of Exigent or Emergency Circumstances,
March 17, 2020. (https://www.fema.gov/media-library/assets/documents/186350.)
10 2 CFR §200.404; OMB Circular 87.
11 42 U.S.C. § 5155.
Last Updated:
April 12, 2020 - 18:13
Release date: April 9, 2020
Release Number: FEMA Advisory
The Department of Health and Human Services and the Federal Emergency Management Agency (FEMA) worked with state and local partners to establish Community-Based Testing Sites (CBTS) in CDC-prioritized locations across the country. The CBTS model was developed for states, local public health agencies, healthcare systems, and commercial partners as they work together to stop the spread of COVID-19 in their communities, focusing initially on healthcare facility workers and first responders.
The CBTS model has been a profound success, screening over 84,800 individuals; testing over 77,000 individuals; and having a COVID positive rate of approximately 20% - meaning that the CBTS are testing the right individuals at the right time. Since the onset, we have also led technological advances, such as the validation of nasal self- swabbing, which has minimized the need for trained health professionals and personal protective equipment.
As a result of these advances, many states have indicated that they want to fully transition the CBTS to state control, allowing more flexibility in testing and reporting. Many states have already begun transitioning these programs, and other states have implemented testing sites based on the CBTS model.
Therefore, the federal CBTS Task Force is working with states to clarify whether sites want to continue as they are now, or transition to full state control. Under state control, CBTS sites would still receive technical assistance from the federal government, and be able to request supplies through the normal FEMA systems.
We have requested that a formal decision be sent to the CBTS Task Force, by either the state’s Governor or his/her representative, no later than April 9, 2020 at 5:00pm EST, regarding whether the site will continue as is current, or transition to full state control.
The CBTS Task Force will continue to work closely with the states and FEMA Regions to ensure a successful transition and ensure that each state has the flexibility and autonomy to manage and operate testing sites within the needs of their specific community.
The federal government will continue supporting each site through the transition process to ensure that the states can fully manage and operate their CBTS program independently. This includes providing each site with enough supplies to continue to operate for 7-14 days after the agreed upon transition date.
Potential advantages of a fully state-managed site include:
The USPHS Commissioned Corps officers onsite (1-3 per location) will work with the site manager to plan for and complete the transition checklist and will verify that the site is ready for transition to the state. Once the sites are transitioned to the states, each state will be responsible for:
After transition, states can choose to source testing kits and supplies through their standard ordering process or to request assistance from FEMA using the standard Resource Request Process through the appropriate FEMA Region. Eligibility for Reimbursement under FEMA’s Public Assistance Program.
States may also seek reimbursement for eligible expenses associated with running their sites through FEMA’s Public Assistance program. In general, activities local and state governments are conducting at CBTS are eligible for reimbursement under the Public Assistance program, subject to a cost share. Costs should be reasonable and necessary to address the public health needs of the event and all costs incurred should be documented. More information on what COVID-19 activities are eligible for reimbursement under the Public Assistance Program can be found in the COVID-19 Pandemic: Eligible Emergency Protective Measures fact sheet and the COVID-19 Pandemic: Emergency Medical Care fact sheet Information on how to apply is available in the COVID-19 Pandemic: Public Assistance Simplified Application fact sheet”. More information on contracting and procurement can be found in the Procurement Under Grants: Under Exigent or Emergency Circumstances fact sheet.
Last Updated:
April 9, 2020 - 17:42
Release date:
April 13, 2020
Release Number:
Fact Sheet
Established by Centers for Disease Control and Prevention (CDC), the International Reagent Resource provides resources for surveillance of and detection of influenza and other respiratory pathogens to laboratories with documented training and competency. The organization acquires, authenticates, and produces reagents that scientists need to carry out basic research and develop improved diagnostic tests, vaccines, and detection methods. The IRR is under contract by American Type Culture Collection (ATCC).
The coronavirus (COVID-19) Federal Interagency Task Force continues to expand items supplied by the IRR to help public health labs access diagnostics supplies and reagents for COVID-19 testing free of charge. Consolidating testing supplies under the IRR simplifies the resource request process for states and territories and alleviates the burden on public health labs, increasing efficiency by reducing the need to work with separate, individual suppliers for swabs, reagents and other diagnostic testing supplies.
Visit www.InternationalReagentResource.org to see the full list and specifications for available COVID-19 diagnostics supplies and reagents.
Last Updated:
April 13, 2020 - 14:34